Loading...
HomeMy WebLinkAboutR-81-0477{ 3 r f { RESOLUTION NO. !f A RESOLUTION AUVORIZING T14t CITY MANAGER TO EXECUTt AN AGREEMENT TO FARTICtPATEIN T11t NATIONAL'' MUNICIPAL LEUAL DEEI NSE PUNU OF T8t NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS (NIMLO) , SAID AGREEMENT SE= SUBSTANTIALLY IN `At FORM ATTACHED HERETO, WITH FUNDS THEREFOR IN THE AMOUNT OF $75OU 11tiRtBY ALLOCATED FROM THt CONTINGENCY FUND, SUBJECT TO AVAILABILITY OF MONIES-. WHEREAS, a cause of action under Section 1983, Chapter 42 of the United States Code (also referred to as the Civil Rights Act of 1871) requires that state or local` government action must have resulted in a deprivation of some right guaranteed by federal la-; a-d WHEREAS, 1978, governments became amenable to suit under a ruling by the; U.S. Supreme Court; and WHEREAS, in 1980, these governments were denied any immunity derived from the absolute or good -faith immunity of their officials as a result of 'another ruling by the U. S. Supreme Court; ;and WHEREAS, said Section 1983 was also construed, in`1980, to cover violations of federal law such as payment and eligibility requirements under federal grant statutes; and WHEREAS, many Civil Rights Acts cases are class actions, brought by a few interested plaintiffs on behalf of all others similarly affected by some government action; and WHEREAS,, beyond the damages liability part of the Civil Rights 'Act problem is the cost of attorneys' fees which are awarded to prevailing civil rights plaintiffs as a matter of course and which often result in a court -ordered fee, paid by the government defendant above the cost of its own defense,' which exceeds the amount recovered for the plaintiffs; and WkIEREA5, punitive damages are also available under the Civil nights Act; and �MISSION MEMNG OF - MAY 4) 3 loaf 4 7 WEREA9, liability often has nonfinancial impacts tnoto severe than the fifitaheial. ones, as witnessed by a _reeetit federal a court ru).ing that the City of Partna, Ohio, gust clear changes it t parts cif its zoning code with a court appointed fair housing _ committee, because the City was tint able to prove that it lead not resisted public housing for illicit purposes; and r WHEREAS, a distinctive feature of Section_1983 litigation, and of much litigation udder the other Civil Rights Arts is the degree to which the record made in the trial court dictates the result on appeal; and WHEREAS, municipal attorneys can profit from assistance in developing the facts into the record initially both through nationally known technical experts and by nationally experienced counsel and thereby offset the expertise plaintiffs are given by civil rights advocacy organizations; and - WHEREAS, it is thus recognized that civil rights cases are complex and protracted with advocates for local governments often being unable to litigate properly a -case which will result in precedential law to be applied to all local governments -nation- wide; and WHEREAS, the goal of the recentlycreated National Municipal Legal Defense Fund is to aid local` municipal counsel at the trial level in creating a trial record which will win on appeal; and -WHEREAS, through .such Fund, a group of municipalities similarly situated can, through the pooling of financial and legal resources, achieve a'desirable litigation result which could not be achieved by individual municipalities acting separately in separate cases; and WHEREAS, it is recognized that in many cases of federal i.nterterence in state and local 'government affairs, litigation is the only practical .remedy, and that cooperative litigation by mtan cipaliti.es is often the only practical form of litigation; and 81-477 3 EREAg, the aforesaid r-und, wh,&j teas treated on April 12, 19810 by the National Institute of municipal Eat Officers is aimed at protecting city taxpayers and not aimed at depri�it�g any Person of his or her constittitional rights; and Wat?,LAS, defending city taxpayers against unlawful Or unfair judgments will require cooperative etfotts by miin1 31 lawyers as we11 as cooperative funding of cases of national imp pact; and WHERLAS, defense of the tax funds of City of Miami residents is our most important duty and the herein resolution will assist the City Commission in discharging this duty;' NOW, THEREFORE, BE 1T RESOLVED BY TElE COMMISSION OF THE CITY OF MIAMI, FLORIDA Section 1. The City Manager is hereby authorized to execute an agreement to participate in the National Municipal Legal Defense tuna of the National Institute of Municipal Law Otficers (NIMLO), said agreement being substantially in the Corm attached hereto, with funds theretor in the amount of $7500 hereby allocated from the Contingency Fund. subject to availability of monies PASSED AND ADOPTED this 28 day of MAY 1981. MAURICE A. FERRE MAYOR' ATTEST:. LPH ONGIE,CITY CLER PREP ED AND APPROVED BY: ROBERT F. CLAR ASSISTANT. CITY ATTORNEY APPROVE A TO FORM ND CORREC VESS: CEORCB F.. NOX CITY ATTOI E -3a S7 47 7 i j$ Cl%f bf�- frlfM, €'L'ohttili i I 'ttgabPttct MtMbhANbUM S` is to honbtable Memben of the bAfr May 12,, B81 rlL> City Commission bofonse against expanded litigation due to federal legislation PROM Goo � e F Knox, J. r,rrr,r>E �; e s Required Response Ci �- Attotney Municipalities which receive federal funds for any purpose ate now being subjected to lawsuits which can result in damage judgments, legal fees, and costs. This ,expansion of Civil Rights Acts remedial legislation beyond its intended purpose of protectingcivil rights' to zoning, narcotic arrests and hundreds of other subjects, such as the application of federal anti-trust laws to municipalities has brought on the so-called national ','litigation explosion" against municipalities Municipal attorneys are being met with nations -wide prepared and implemented lawsuits sponsored by national "public interest" groups and lacy firms who have stables of expects in law and technicalities to back them up and who supply well prepared froms of 'complaints and law briefs. The decisions in these lawsuits potentially affect all municipalities in the country. Accordingly, in order to effectively defend against this concentrated attack, the NaLional Institute of Municipal Law Officers (NUMLO) on April 12, 1981, created the National Municipal Legal Defense Fund. This Fund is aimed at protecting municipal tax- --payers and not aimed at depriving any person of any of their con- stitutional rights. Infringements of those rights will not be undertaken or defended by the Fund. The Fund's major purpose is to meet this national onslaught of litigation sponsored and spurred on by national organization with a national response by the nationally organized information and financial cooperative strength of municipalities.; As your City Attorney, I urge passage of the herein resolution which affords the City of Miami the opportunity to help defend its taxpayers against unlawful or unfair judgments; by participation in the required in- tensive cooperative effort of municipal lawyers across the nation and by;contributing `to the cooperative funding of the defense` in cases of national impact. GFK/RFC/bbb CC: City Manager FUND OFNIML i I,inGATIoN PARTI'CIPAMN AMEMENT Participating Liuriediotion: CITY 6F MIAMIt FLORIDA 'Nate, Title and Addresa o Attorney to Whom All Puna Correspondence Will 8e sent! atop= F . K NOX , . ; �f� �. , : � 1TY ATTORNEY 174East Flagler' Street _ Miami, FL 33131 Fobulation'of Jurisdiction:' The Jurisdiction' hereby agrees to participate in the National Municipal Legal Defense Fund of NIMLO, by enclosing with this Agreement its check in the appropriate amount from the following Contribution schedule: Population of Jurisdiction Contribution 25,000 and Under $.05 per capita, with,$250 minimum contribution 25,001 - 50,000 $_2,500 50,001 - 200000' $ 51000 200001 - 500,000 $ 7,500 500,001 - 1,000;000` $10,000 over`,1,000,000 $25,000 This amount will be held and invested by NIMLO for use in the litigation activities of the "Fund, all expenses to be approved — by .the Trustees of the Fund under the NIMLO`Executive Committee. No litigation concerning a Fund 'member jurisdiction will be commenced or entered by`the-Fund<without the invitation of the attorney for the jurisdiction. Cases for which FNnd participation is invited will be selected by the Fund Trustees, and all litigation activity will be conducted with the full -cooperation of the attorney for -the jurisdiction. Signature of. 7 S 40 j L Honorable Members of the May 12, 1981 City CotntnisAoncl, . ,. Defense against ekpanded litigation due to federal legislation ' Leo e V, Rtiox .7r Required Response ' Ci. Attorney j f Municipalities which receive federal funds for any purpose are now being subjected to 'lawsuits which can result in damage judgments, legal fees, and costs. This expansion of Civil Rights Acts remedial legislationibeyond its -intended`- purpose of protecting civil rights to zoning, narcotic arrests and hundreds of other subjects, such as the application of federal anti-trust laws to municipalities, has brought on the so-called national "litigation explosion" against municipalities Municipal attorneys are being met with nation-wide prepared and implemented lawsuits, sponsored by national "publicinterest" groups and law firms who have stables of expects in law and technicalities to back them up and who supply well prepared fAms of complaints and law briefs The decisions in these lawsuits potentially affect all municipalities in the country. Accordingly, in order to effectively defend against this concentrated attack the National Institute of Municipal Law Officers (NIMLO) on April 12, 1981, created the National Municipal Legal Defense Fund. This Fund is aimed at protecting municipal tax- payers and not aimed at depriving any person of any of their con- stitutional rights. Infringements of those rights will not be undertaken or defended by the Fund. The Fund's major purpose is to meet this national onslaught of litigation sponsored ar_d spurred on by national organization with a national response by the nationally organized information and financial cooperative strength of municipalities`. As your City A'ttorney,;I urge passage of the herein resolution: which affords the City of Miami 'the opportunity to help defend its taxpayers against unlawful or unfair judgments by participation in the required in- tensive cooperative effort of municipal lawyers across the nation — and by contributing to the cooperative funding of the defense in cases of national -impact . GFK/RFC/b`bb CC: City Manager F t M A RESOLUTION AUT90RIZING THE CITY MANAGER TO;EXECUTE AN AGREEMENT TO PARTICIPATt IN THE F NATIONAL MUNICIPAL LEGAL 'bEEgSE PUNb OF THE NATIONAL INSTITUTE OF MUNICIPAL LAW OFFICERS (NIMLO)i SAID AGREEMENT BEING SUBSTANTIALLY IN THE FORM ATTACHED 11ERETO, WII'li FUNDS THEREFOR IN THE AMOUNT OE $7500 11E:Rr Y ALLOCATED FROM THE _CONTINGENCY FUND, SUBJECT # TO AVAILABILITY OF MONIES i WHEREAS, a cause of action under Section 1983,Chapter 42 of the United States Code (also referred to as the Civil Rights Act of 1871) requires that state or localgovernment action must have resulted in a deprivation of some right guaranteed by federal l af., ; ar d WHEREAS, 1978, governments became amenable to suit under a ruling by the U.S. Supreme 'Court; and WHEREAS, in-1980, these governments were denied any immunity derived from the absolute or good -faith immunity of their officials as a result of another ruling by the U. S. Supreme Court; and WHEREAS, said Section 1983 was also construed, in 1980, to cover violations of federal law such as payment and eligibility requirements under federal grant statutes; and WHEREAS, many Civil Rights Acts cases are class actions, brought by 'a few interested plaintiffs on behalf of all others similarly affected by some government action and WHEREAS, beyond the 'damages liability part of the Civil Rights Act problem is the cost of attorneys' fees which are awarded to prevailing civil rights plaintiffs as a matter of course and which often result in a court -ordered fee, paid by the government' defendant above the cost of its own defense, which exceeds the amount recovered for the plaintiffs and WHEREAS, punitive damages are also available under the Civil Rights Act, and , h f WIIMA5 5 liability often has honf hansial impacts more seVere than the finahcial ones, as witnessed by a recent federal court ruling that the City of Parma, Ohio, must clear changes in pats of its honing code faith a court -appointed fair housing committee, because the City was not able to prove that it had not resisted public housing for illicit purposes,,,and WHEREAS, a distinctive feature of Section 1983 litigation, and of much litigation under "the "other Civil Rights Acts is the degree to which the record made in the trial court dictates the result on appeal; and WHEREAS, municipal attorneys can profit from assistance in developing the facts into the record initially both through nationally known technical experts and by nationally experienced counsel: and thereby.offset the expertise plaintiffs are given by civil rights advocacy organizations; and WHEREAS, it is thus recognized that civil rights cases are complex and protracted with advocates for local governments often being unable to litigate properly a case which will result in precedential law to be applied to all local governments nation- wide; and WHEREAS the goal of the recently created National Municipal Legal Defense Fund is to aid local municipal counsel at the trial level in creating a trial record which will win on appeal; and WHEREAS, through such fund, a group of municipalities similarly situated can, through the pooling of financial and legal resources, achieve a desirable litigation result which could not be achieved 'by individual municipalities acting separately in separate cases; and WHEREAS, it is recognized that in many cases of federal interference in state and local government affairs, .litigation is the only practical remedy, ana that cooperative litigation by uiun,icipali.ti.es is often_, the only practical form of litigation,, and